Ocala · The Villages · Gainesville · Central Florida · Florida’s Nature Coast
As we age, certain issues that were not necessarily in focus during our youth become important, sometimes more important than we imagined they could. For example, questions about your retirement plan might come to the forefront of your mind or you might begin to think seriously about planning your estate.
At McGraw, Rauba & Mutarelli, we understand the unique issues that older Americans face. We handle every client’s case with sensitivity and a drive for justice.
An elder law attorney specializes in the diverse legal needs of people over the age of 65, including Baby Boomers. There are three main branches of elder law:
In many cases, these branches intersect. Whether you find yourself facing multiple legal issues or you simply need professional guidance as you begin the process of planning your estate, enlist the help of an experienced elder law attorney Ocala, FL. Do not attempt to manage your legal needs on your own. We can help you understand the terms you are facing and guide you toward solutions that work for you.
Anyone with complex family and/or financial situations should hire an elder law attorney. State laws are exact about what can and can’t be in a will, trust, advanced medical directive, or financial power of attorney. They also dictate who can act as personal representative, trustee, health care surrogate, or attorney-in-fact. Though there are many forms for elder law issues which can be found on the internet, due to the complexity and exactness of state laws, an elder law attorney in Ocala, FL will help you avoid costly mistakes.
Specifically, if you and your life fit into one or more of these categories, it is recommended you contact an elder law attorney.
People over the age of 65 make up more than 18 percent of Florida’s population. Because this age group comprises such a significant portion of the state’s population, it is important for Florida law firms to equip themselves to properly handle these issues. At McGraw, Rauba & Mutarelli, we have the knowledge and experience to confidently handle your legal needs. The following elder issues are examples of the many elder law areas we help Floridians with every day.
Power of attorney can be one of two forms, general and durable. A general power of attorney has the authority to conduct legal business on your behalf, whereas a durable power of attorney allows them to conduct business on your behalf should you become ill or otherwise incapacitated. Most states allow a durable power of attorney to also make medical decisions on your behalf.
If no pre-planning, such as a disability plan, was done before a person is incapacitated, a family member or friend must go before a court and request a guardian be appointed on the incapacitated person’s behalf. It is called “living probate” as the court supervises the process of administering the incapacitated estate, rather than a predetermined executor or power of attorney. McGraw, Rauba & Mutarelli can help you and your family navigate guardianship and will work for the best possible outcome for everyone involved.
Ocala attorneys specializing in elder law can help determine what kind of assisted living arrangement will best suit you as you get older. For some, hiring an in-home assistant suffices, while others will need to transition from in-home living to a nursing home facility. McGraw, Rauba & Mutarelli can assist in planning for expenses associated with long-term care and how to structure possessions and assets for these expenses.
Our attorneys who practice the many areas of elder law can break down the timelines, deadlines, legal terms, and variables you may find yourself facing as you approach the issues listed above. We can also provide you with quality legal advice developed by examining your case’s circumstances.
When you work with the Ocala lawyers at McGraw, Rauba & Mutarelli, your goals are the most important component of our relationship. Your estate is your legacy. Your healthcare is a vital concern. You have the right to seek recourse following an act of fraud or discrimination. All these need protection and we passionately fight for and protect your rights as elder law attorneys.
Legal planning later in life can be overwhelming and confusing, with required legal documents varying state to state. We recognize the unique position that older Americans have in society and the challenges they often face. During your consultation, we will examine the details of your case and advise you about the next legal steps to take. For quality legal counsel as you work through your elder law issues, contact McGraw, Rauba & Mutarelli.
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Rely on experienced elder law attorneys at McGraw, Rauba & Mutarelli for advice and guidance on all issues concerning elder law. Contact our elder law firm in Ocala, FL today.
Elder law is the technical term used to describe the area of law that addresses the legal needs pertaining to the aging population. Elder law lawyers in Ocala can help with issues affecting aging citizens that may include healthcare, estate planning, long term care planning, guardianship, retirement and federal benefits (i.e. Medicaid, Social Security).
Senior citizens often face unique issues that require effective management to prevent the elderly from being taken advantaged of. If you are seeking to acquire sound healthcare, draft a will, gain a guardian, retire or obtain federal benefits, you may need an elder law attorney in Ocala, FL.
No. Medicare is a federal program that affords the medical expenses of aged citizens with little to no income. In medical cases involving care in a long-term care hospital, care provided by nursing home facilities, home health services and hospice, Medicare will cover all expenses. Long-term care, however, usually refers to services that are provided to help others with everyday activities, such as walking, bathing, dressing, sitting and eating. Because these needs are not medical needs, Medicare does not cover long-term care expenses.
Long-term Care Insurance (LTC) is an insurance policy that covers long-term care expenses that it typically not covered by federal programs, such as Medicaid and Medicare. If you are interested in LTC Insurance, Ocala attorneys at McGraw, Rauba & Mutarelli can assist you with finding the appropriate policy for your level of needs.
Long-term care varies depending on the type of services that are needed. The cost is typically higher for professional facilities. Consider the following price ranges for long-term care in the state of Florida.
Long-term care can be expensive, but there are creative ways to afford such expenses. Popular sources include life insurance, annuities, reverse mortgages, savings and retirement funds. If you are unsure if you or your loved one is able to afford long-term care services, you may wish to consider contacting an elder law attorney for financial planning assistance.
As a general principle, it is best to begin the elder law planning process as soon as possible. However, we have found that aging citizens between the ages of 65 and 70 are the most vulnerable and should begin executing their elder law plan. An elder law attorney can help you navigate elder law planning for your unique circumstance.
You are not required to serve as an executor if you do wish to. If your loved one is alive, you may wish to convey this information to him/her so that the will can be amended. If not, it is your job to indicate to the court (via writing) that you are unable to serve in this capacity. If there is an executor successor, he/she will be assigned. If not, the court will assign a competent individual to serve as the executor.
If it is determined that you exceed the amount of income that is needed for Medicare long-term care services, you may qualify for Qualified Income Trust (QIT). This program allows individuals (who may otherwise not qualify for Medicare) to rely on Medicare benefits. Recipients are required to pay/transfer a specific amount of their income into a separate trust account for the full duration that they receive Medicare benefits. To learn more about how a Qualified Income Trust works, you should contact a medicaid attorney in Florida.
It depends on the value of your home. If your home is valued at 500,000 dollars or less at the time of your application, then your home will not be included as an asset for Medicaid qualification purposes. If your home is valued higher than 500,000 dollars at the time of your application, then it will be accounted for as an asset during the Medicaid qualification process.
Many people gain divorces with the goal of making the ill spouse eligible for Medicaid. This tactic is not always successful. During a divorce, a judge will consider the financial state of both individuals in the marriage, including needs, income and expenditures in order to determine how the marital property will be distributed. In some cases, such equitable distribution ends in the ill spouse still possessing funds that exceed the maximum limit required for Medicaid recipients. As such, it is best to consult with a divorce attorney that is well-versed in Medicaid services before making the decision to divorce for the sole benefit of federal aid.
Both Medicare and Medicaid are federal programs that provide aid for medical needs. Medicare is an insurance program for citizens that are at least 65 years old. Meanwhile, Medicaid is an assistance program that affords the basic medical needs for people with little to no income. People of all ages can apply for Medicaid.
Yes. There are specific income requirements to be considered eligible for Medicaid in the first place. If you are approved, it is because the state deems that your level of income (against your level of expenditures) requires additional assistance for medical expenses.
In most cases, no. However, it is best to contact an experienced medicaid planning attorney in Ocala, FL to understand how Medicaid may impact your income, especially if you are married.
No. In the state of Florida, you have the right to give your agent the freedom to do whatever it is that you desire to be done with your property. It is best, however, to be specific and detailed with your power of attorney contract.
Powers given through a power of attorney may be limited (outlining specific acts), general (granting agents broad powers to act on the behalf of the individual) or durational (temporary). You may allow your agent to sell your property, sign legal documents on your behalf, make health and financial decisions, and/or access your financial information.
Under Florida law, a durational power of attorney is a document that allows an agent to continue to serve with specified duties after an individual becomes incapacitated.
Yes. In fact, you may have different agents handle the different aspects of your life on your behalf. It is common for individuals to grant an agent and third parties with a power of attorney. The key is to be specific, detailed and clear about the roles, duties and rights of each agent.
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